Ex Constable Shashi Dutt Sharma v. Ajay Kumar Bhalla & ORS

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 192/2020 & CM APPL. 34587/2021 EX CONSTABLE SHASHI DUTT SHARMA .....Petitioner Through:

Mr. Sukh Dev Singh, Advocate.

versus AJAY KUMAR BHALLA & ORS .....Respondents Through:

Mr. Vivek Goyal, Advocate (through Vc).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 28.01.2026 1.

This hearing has been done through hybrid mode. 2.

The present petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Section 151 of the CPC seeks the following prayers:

"It is, therefore, most respectfully prayed that this Hon'ble High court may graciously be pleased to initiate contempt proceedings against the respondents for non-compliance of this Hon'ble Court's order dated 30.10.2019 passed in WP (C) No.9613/2018 and direct the respondents for correct fixation of pay of the petitioner who is entitled for same pay, grade and increments and MACP which have been drawn by his batch mates i.e. notional increments, fixation of pay in the revised grade, promotion according to his turn, and may pass any such further order as this Hon'ble Court may deem fit and proper in the fact and circumstances of the case." 3.

Vide order 30.10.2019 in W.P.(C) 9613/2018, the learned Division Bench of this Court had passed the following directions: - "10. As far as the present petition is concerned, the Court while setting aside the impugned order dated 9th March, 2015 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2026 at 13:52:17

subsequent orders of the Respondents reiterating the said order, directs the Respondents to fix the pay of the Petitioner by treating the period of absence as period spent on duty and issue corresponding orders refixing his pension. This exercise be completed within eight weeks from today. It is needless to state that since the earlier judgment is not to be treated as a precedent, even this order will not be treated as a precedent." 4.

Additional affidavit on behalf of the respondents has been filed. 5.

In view of the above, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to initiate appropriate proceedings in accordance with law before the Court of competent jurisdiction. 6.

The present petition is dismissed as withdrawn and disposed of accordingly.

7.

Needless to state that the petitioner is always at liberty to initiate appropriate proceedings before the Court of competent jurisdiction in accordance with law.

8.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J JANUARY 28, 2026/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2026 at 13:52:17